Gauri Prabha Mahanta and Ors v. The State of Assam and Ors .) had held that circular dated
Case Details
WP(C) 2017/2009 BEFORE HON’BLE MR. JUSTICE A. K. GOSWAMI By this writ petition under Article 226 of the Constitution of India, the petiti oner prays for a direction to grant him the benefit of graduate scale of pay fro m the date of provincialisation of the school on 01.10.1977. 2. tion on 23.05.2009, the writ petition was filed on 20.05.2009. Three days before the writ petitioner retired from service on superannua 3. The case of the petitioner, in a nutshell, as projected in the writ peti tion is that after acquiring his graduate degree in 1971, he joined service on 1 8.06.1976 and at the time of his retirement, he was working as Graduate Assistan t Teacher in the Netaji Subhas Vidyaniketan H.S. School. 4. By an order dated 18.08.1993, he was granted graduate scale of pay w.e.f . 08.04.1993, although he ought to have been granted such scale of pay from 01.1 0.1977 i.e., the date of provincialisation of the School. 5. Bhattacharjee, learned Standing Counsel, Education.
Legal Reasoning
I have heard Ms. K Akhtar, learned counsel for the petitioner and Ms. P 6. Ms. Akhtar, learned counsel for the petitioner has drawn the attention of this Court to an order dated 28.09.2001 in WP (C) No. 6858/2001 and a consequ ential order passed by the Director of Secondary Education on 14.07.2003 to high light that the petitioner is entitled to graduate scale of pay from 01.10.1977. 7. Though no affidavit has been filed, Ms. P Bhattacharjee, learned Standin g Counsel, Education has submitted that though in the order dated 14.07.2003, th e Director of Secondary Education had referred to three circulars dated 20.03.19 79, 12.06.1981 and 30.12.1993, none of the circulars dealt with grant of graduat e scale of pay. During the course of hearing, she has produced the notification dated 30.12.1993. 8. It is submitted by her that this Court by an order dated 18.05.2010 in W P (C) No. 5723/2005 (Gauri Prabha Mahanta and Ors Vs. The State of Assam and Ors .) had held that circular dated 12.06.1981 is a non-existent circular and a manu factured document. 9. in Gauri Prabha (Supra). According to her, the issue is covered by the judgment and order passed 10. I have considered the submissions of the learned counsel for the parties and perused the materials on record. 11. . Akhtar, reads as follows:- The order dated 14.07.2003, on which much reliance has been placed by Ms (cid:28)From: Dr. H.C. Das, Kahilipara, Guwahati-19. Director of Secondary Education, Assam, To. 1. The Inspector of Schools, K.D.C. Guwahati. 2. The Inspector of Schools, N.D.C. Nalbari. Sub.: Hon’ble High Courts order in WP(C) No. 4048/1999, Dated 18.09.2001 in th e matter of Sri. Haladhar Kalita and others and High Courts order, Dated 14.08.2 001 passed in WP(C) No. 6858/2001 in the matter of Sri. Nripendra Nath Das and o thers of 09.08.2002 passed in WP(C) No. 3883/2002 in the matter of Sri. Girija N anda Bhattacharjee and others. Ref: Govt. letter No. 8(J) S/72/2003/05, Dated 22.05.2003. Sir/Madam, In inviting a reference to the Govt. letter on the subject cited above, I have the honour to say that in compliance with the Hon’ble Gauhati Hig h Courts orders and in pursuance of the Govt. letter referred to above, the case s of the petitioners may be examined carefully in the light of the Govt. Circula rs issued under letter No. EME. 152/93/96, Dated 20.03.1979 GRHE.6/88/45, Dated 12.06.2001 and No. B (3) S/338/93/10, Dated 30.12.1993 and allow them the benefi t of Graduate scale of pay from 01.01.1973 or from the date of joining or from t he date of acquiring General Degree qualification and from the date of deficit/p rov. of their respective schools whichever is later. The arrear amount required for the purpose along with the Head o f Accounts may be submitted to this Directorate at an early date for taking nece ssary actions. A list of 68 (sixty eight) numbers of petitioners is enclosed he rewith. n, Assam i-19 Yours faithfully Director of Secondary Educatio Kahilipara, Guwahat Memo No.GB.EST/DSE/CC/246/2002/210 Dated Kahilipara14.07.03 (cid:29).
Decision
The notification dated 20.03.1979 is annexed by the writ petitioner as A 12. nnexure-4 and a perusal of the same would go to show that same was issued granti ng permanent recognition to the examinations held by various voluntary Hindi org anizations as mentioned therein as equivalent to degree examination and to allow teachers having such degree in Hindi to draw graduate scale of pay w.e.f. 01.01 .1973. The said notification does not relate to the case of the writ petitioner. 13. The order dated 28.09.2001 in WP(C) No. 6858/2001 indicates that in the said writ petition, writ petitioners’ case was that they were working as Assista nt Teachers in Higher Secondary Schools and were having degree in Hindi but they had been deprived of the benefits of graduate scale w.e.f. 01.01.1973 and this Court had disposed of the writ petition with a direction to the Commissioner and Secretary to examine the cases of the writ petitioners individually and to pass appropriate orders. Apparently, the case of the said writ petitioners were enti rely different from the writ petitioner. The petitioner has not stated in the wr it petition that he has a degree in Hindi. 14. The notification dated 30.12.1993, which is placed on record of the case on being produced by Ms. P Bhattacharjee, provides that all existing posts of A ssistant Teachers in intermediate scale of pay with graduate incumbents of provi ncialised High/Higher Secondary Schools are upgraded to the post of Assistant Te achers in graduate scale of pay of Rs. 1375-3375/- P.M. from the date of issue o f the order. 15. It is not the case of the petitioner that he was appointed in the gradua te scale of pay. Though not indicated in the writ petition, it is apparent that he was appointed in the intermediate scale of pay. 16. The notification dated 12.06.1981 which was a purported notification in respect of grant of graduate scale of pay, has been held to be a fictitious docu ment in Gauri Prabha (Supra). 17. In Gauri Prabha (Supra), this Court also noted that though directions we re issued to the Government of Assam in the Education Department to examine the cases of the writ petitioners, no such consideration had taken place and some su b-ordinate officers had issued some orders granting graduate scale of pay to som e of the writ petitioners involved in some of the said writ petitions. 18. The order dated 14.07.2003, subject of which contains many mistakes in d ates etc, is also an order falling in that category. Circulars dated 20.03.1979 and 30.12.1993, which have been noted, do not advance the case of the writ petit ioner for entitlement of graduate scale of pay w.e.f. 01.10.1977. 19. and accordingly, the writ petition is dismissed. No costs. In view of the above discussions, I find no merit in this writ petition